A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, on August 5, 2018, the Defendant was urged by a nameless person who misrepresented as an employee of a liquor company to “be paid KRW 2.4 million in return for the use of 800,000 won per day of lending the e-mail card,” and promised to receive KRW 2.4 million under the condition of lending the e-mail card, and lent the means of access by sending the e-mail card connected to the D account under the name of the Defendant at the same time prior to the same day, and informing him of the password by text message.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. Application of Acts and subordinate statutes to report internal investigation (execution of a warrant for search, seizure and verification of financial accounts);

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. In light of the following circumstances: (a) lending the means of electronic financial transactions with the reason for sentencing under Article 62(1) of the Criminal Act is serious harm caused thereby, such as facilitating other crimes such as telephone financial fraud; (b) the means of access that the Defendant lent was used to commit fraud; and (c) the Defendant expecting that the means of access would be 2.4 million won in return for the three-day use of the means of access; and (d) lending the means of access, the Defendant shall be punished by imprisonment with prison labor on the ground that the Defendant’s liability is not minor.

However, there are some favorable circumstances, such as the fact that the defendant's mistake is against the defendant, that the defendant is the first offender who has no record of criminal punishment, and that there is no evidence that the defendant has gained the actual benefit from the crime of this case.

The above conditions and conditions of sentencing, such as the age, character and conduct, and environment of the defendant.